Contempt of Courts Act, 1971, Section 2(b) -- Orders passed by Quasi Judicial Authorities, while interpreting the judgment/order passed by High Court, in respect of mutation proceedings which does not confer any right by itself - Orders open to challange before competent court of law - Whether amounts to civil contempt within the meaning of Sec. 2(b) of the Act? Held - No...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Suit for declaration - Decreed by High Court holding that petitioner is entitled to succeed as per principle of Primogeniture - Suit for possession filed by petitioner - Pending - Mutation sanctioned in appeal by Commissioner on the basis of natural succession subject to final verdict of Civil Court - Order..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Civil Procedure Code, 1908, Section 96, Constitution of India, 1950, Article 226, 227 -- An appeal in terms of Sec. 96 - Judicial review under Art. 226 & 227 of the Constitution - Powers are different - In the former, the court, subject to the procedural flexibility has laid down under the statute is bound to act within the four corners thereof - In adjudicating a lis in..........
Civil Procedure Code, 1908, Section 35B -- Non payment of costs - Bar of further prosecution -Deemed waiver - Case adjourned subject to payment of cost - On the date next following the date of the order of the payment of costs, the issue not raised by either of the parties or taken notice of by the Court - The case is allowed to proceed further - It would follow that the..........
Reserve Bank of India Act, 1934, Section 2(iv), Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g)(xii) -- Loanees of `Scheduled Bank' cannot claim benefit by invoking Haryana Act of 1989 - Clause XII of Sec. 2(g) excludes the debt due to `Scheduled Bank' from the provision of the Haryana Act of 1989...........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 82(1) -- Proviso (a) & (d) - Review - Order passed by Collector declaring no surplus area - State filed by appeal before Commissioner - During pendency of appeal Collector filed reference to Commissioner for review of order passed by Collector - Appeal dismissed in default - Reference accepted -..........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 2(c), 3, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 2(b), 3 -- Recovery of certain dues as arrears of land revenue - 157.99 acre land aquired by Govt. - 80 acres transfered to PSIDC - 12.8 acres allotted by PSIDC to Swaraj Engg. - Show cause notice by PSIDC to Swaraj Engg. to deposit enhancement in..........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 3, 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- No suit for recovery of any sum recoverable u/s. 3 of Act would lie in Civil Court against any person referred to in sub-Sec. (1) - 'The Person' will include Corporation...........
Stamp Act, 1889, Section 47A(2) -- Under valuation of instruments - Sale deed - Collector directed vendees to make good deficiency of stamp duty - Appellate authority confirmed said order - Writ petition - Provision of Sec. 47-A (2) mandates the Collector to hold an enquiry and give an opportunity of hearing to the parties before coming to conclusion - Collector's order..........
